[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31736]


[Federal Register: December 28, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-230-AD; Amendment 39-9106; AD 94-26-11]


Airworthiness Directives; McDonnell Douglas Model MD-11 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model MD-11 series 
airplanes. This action requires inspection to detect cracking of the 
upper spar angles of the outboard and inboard surfaces of certain wing 
pylons, and repair of any cracked upper spar angles. This amendment is 
prompted by a report of cracking in the upper spar cap of the wing 
pylon. The actions specified in this AD are intended to prevent reduced 
structural integrity of the airplane due to cracking of the upper spar 
cap.

DATES: Effective January 12, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 12, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before February 27, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-230-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
McDonnell Douglas Corporation, P.O. Box 1771, Long Beach, California 
90801-1771, Attention: Business Unit Manager, Technical Administrative 
Support, Department L51, M.C. 2-98. This information may be examined at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at FAA, Transport Airplane Directorate, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-121L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712; telephone (310) 627-5324; fax (310) 627-
5210.

SUPPLEMENTARY INFORMATION: Recently, an operator of McDonnell Douglas 
Model MD-11 series airplanes reported finding a crack of the upper 
inboard spar cap, part number AUB7519, on the number 3 wing pylon. This 
crack was found on a pylon that had accumulated 10,600 total flight 
hours and 1,700 total flight cycles. Although the cause of this 
cracking has not yet been determined, there is nothing unique about the 
service experience of the subject airplane to indicate that the 
cracking would be limited to that airplane. Therefore, the FAA has 
concluded that this condition may exist or develop on other airplanes 
of this type design. Such cracking, if not detected and corrected in a 
timely manner, could result in reduced structural integrity of the 
airplane.
    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin A54-49, dated December 2, 1994, which describes procedures for 
a one-time visual inspection to detect cracking of the upper spar 
angles, part numbers AUB7519-1/-2, of the outboard and inboard surfaces 
on the number 1 and number 3 wing pylons.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other McDonnell Douglas Model MD-11 series 
airplanes of the same type design, this AD is being issued to prevent 
reduced structural integrity of the airplane. This AD requires 
inspection to detect cracking of the upper spar angles of the outboard 
and inboard surfaces on the number 1 and 3 wing pylons. The inspection 
is required to be accomplished in accordance with the alert service 
bulletin described previously. Cracked upper spar angles must be 
repaired in accordance with a method approved by the FAA.
    This AD also requires that operators report the results of the 
visual inspection to the FAA. Because the cause of the addressed 
cracking is not currently known, the intent of these required 
inspection reports is to enable the FAA to determine how widespread 
such cracking problems may be in the affected fleet. Based on the 
results of these reports, further corrective action may be warranted.
    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this rule to clarify this requirement.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-230-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

94-26-11  McDonnell Douglas: Amendment 39-9106. Docket 94-NM-230-AD.

    Applicability: Model MD-11 series airplanes having 
manufacturer's fuselage numbers 447 through 575 inclusive, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced structural integrity of the airplane, 
accomplish the following:
    (a) Within 30 days after the effective date of this AD, unless 
accomplished previously within the last 30 days prior to the 
effective date of this AD, perform a visual inspection to detect 
cracking of the upper spar angles, part numbers AUB7519-1/-2, of the 
outboard and inboard surfaces on the number 1 and number 3 wing 
pylons, in accordance with McDonnell Douglas Alert Service Bulletin 
A54-49, dated December 2, 1994.
    (1) If no cracking is detected, no further action is required by 
this paragraph.
    (2) If any cracking is detected, prior to further flight, repair 
in accordance with a method approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.
    (b) At the applicable time specified in paragraph (b)(1) or 
(b)(2) of this AD, submit a report of the results (both positive and 
negative findings) of the inspection required by paragraph (a) of 
this AD to the Manager, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California 90712; fax (310) 627-
5210. Information collection requirements contained in this 
regulation have been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 
2120-0056.
    (1) For airplanes on which the inspection is accomplished after 
the effective date of this AD: Submit the report within 10 days 
after performing the inspection required by paragraph (a) of this 
AD.
    (2) For airplanes on which the inspection is accomplished prior 
to the effective date of this AD: Submit the report within 10 days 
after the effective date of this AD.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles ACO. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (e) The inspection shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin A54-49, dated December 2, 1994. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from McDonnell Douglas Corporation, P.O. 
Box 1771, Long Beach, California 90801-1771, Attention: Business 
Unit Manager, Technical Administrative Support, Department L51, M.C. 
2-98. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Transport Airplane Directorate, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on January 12, 1995.

    Issued in Renton, Washington, on December 20, 1994.

Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-31736 Filed 12-27-94; 8:45 am]
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